How can I stop another business from using my businesses name?

[woodenEar1]

I have been in business for over 15 years, and a franchise business opened near me and is using my businesses name in addition to their registerd name. It is very confusing to my customers. Now they have placed an ad in the local yellow pages with my name first then their registerd name can I stop them? I WAS HERE FIRST! Can a large franchise from out of state come to my town and steal my name?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by woodenEar1:
I have been in business for over 15 years, and a franchise business opened near me and is using my businesses name in addition to their registerd name. It is very confusing to my customers. Now they have placed an ad in the local yellow pages with my name first then their registerd name can I stop them? I WAS HERE FIRST! Can a large franchise from out of state come to my town and steal my name? <HR></BLOCKQUOTE>

Yes they can as they most likely have registered the name and have it trademarked. So even if you had the name first, the franchisor owns the trademark. In essence they have not stolen your name but rather are using THEIR registered tradename/trademark.

 

[Tracey]

If their usual name is different & they have just coopted your name, they are infringing on *your* use-based trademark. However, if they trademarked the name a while ago & use it on all their stores, you're toast. You will need to consult with an intellectual property lawyer. You may or may not have a case.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!